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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1852   View pdf image (33K)
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1852 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 6]

trouble, and I just think that it does con-
flict. Although it may not be inconsistent
so far as legal language is concerned, cer-
tainly it is inconsistent from my point of
view of good government.

THE CHAIRMAN: I do not want to de-
bate in advance the matters on General Pro-
visions, but I am very anxious that there be
no misunderstanding as to the meaning of
the matter now before the Committee of the
Whole, and I would therefore like, even
though the question period is over, so that
there will be no mistake, to request Dele-
gate Sherbow to indicate whether the in-
tent of the Committee on State Finance
with respect to the effect of section 6.05
is as the Chair stated it or is different,
because I do not think there ought to be
any uncertainty as to what is intended in
the section.

Delegate Sherbow.

DELEGATE SHERBOW: It is exactly
as you have stated it, and as I have tried
to say it. It is only to the extent that they
are required by law.

THE CHAIRMAN: Are there any other
amendments to section 6.05?

(There was no response.)

The Chair hears none. We will come back
for Delegate Willoner's amendment.

Are there any amendments to section
6.06?

Delegate Bamberger.

DELEGATE BAMBERGER: I do not
think it is necessary to submit an amend-
ment to do this. I think Delegate Penniman
was off the floor this morning when there
was some discussion of the language in 6.04
and 6.06, and it is my understanding that
while 6.04 gives the governor the complete
authority to prescribe the form and detail
of the budget, and the legislature has noth-
ing to do with the form of the budget, that
6.06, line 39, the phrase "as may be pre-
scribed by law" is applicable to the budget
bill and not to the budget.

It is intended only to give the legislature
power to prescribe the form and detail of
the bill, rather than the budget.

THE CHAIRMAN: As I understand
Delegate Bamberger's statement, it is as
follows :

He understands that the meaning of the
first sentence of section 6.06, and particu-
larly the last phrase in line 39, "as may be
prescribed by law," meant that the gov-

ernor would determine matters of form as
to the budget, and that the last phrase,
"as may be prescribed by law," was in-
tended to give the legislature a power to
make provisions as to the form of the
budget bill, but not the budget.

Was this your understanding?

DELEGATE SHERBOW: I do not un-
derstand it that way.

THE CHAIRMAN: Maybe you had bet-
ter state what your understanding of it is.

DELEGATE SHERBOW: Our under-
standing of it is that the purpose is that
the governor shall deliver a budget and
then a budget bill, and it shall be in such
form and in such detail as he shall deter-
mine. It shall be in such form and detail
as may be prescribed by law, and as such it
means the General Assembly can change
the form. They cannot change the act which
is herein contained with respect to restric-
tions as to what may not be changed.

THE CHAIRMAN: I do not think that
is the question Delegate Sherbow.

The question, as the Chair understands
it, is whether the form of the budget and
the form of the budget bill first shall be
determined by the governor. Is this correct?

DELEGATE SHERBOW: Yes.
THE CHAIRMAN: As to both?
DELEGATE SHERBOW: Yes.

THE CHAIRMAN: So that the intent
first is that the governor, prior to sub-
mitting, determines the form of the budget,
determines the form of the budget bill.

The second question is, is the legislature
to have the authority in advance to pre-
scribe by law the form of the budget?

Delegate Sherbow.
DELEGATE SHERBOW: Yes.

THE CHAIRMAN: Thirdly, is the legis-
lature in advance to have the authority to
prescribe by law the form of the budget
bill?

DELEGATE SHERBOW: Yes.

THE CHAIRMAN: Delegate Bamberger,
do you have a further question?

DELEGATE BAMBERGER: I am then
bothered by the Chairman's statements now
which I think are different from his state-
ments in the questioning period; but more
importantly, I am bothered by the language
on page 2, lines 11 and 12, section 6.04,



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1852   View pdf image (33K)
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